Finally Good News from the Deepwater Horizon Claims Administrator

The Deadline Has Been Extended

In a recent release from the Deepwater Horizon Claims Center (DWHCC), the Claims Administrator has finally announced that April 22, 2014 will not be the deadline to file new claims.  Many residents and businesses of the Gulf Coast have feared that they would have to file their claim by the 22^nd of April.  The reason this is so troubling is because BP has continued to appeal so many rulings out of the Eastern District that the DWHCC has stayed claims, changed the rules of calculation, and caused a great deal of confusion on how to submit claims.

With April 22, 2014 looming, everyone turned to the Settlement Agreement to see what the deadline would be.  Not surprisingly, the deadline is as convoluted as the rest of the Agreement and has caused much doubt and anxiety. The Agreement states “for all claims … the deadline for submission of Claim Forms to the Settlement Program shall be April 22, 2014 or 6 (six) months after the Effective Date, whichever occurs later.”  So, the remaining question: what is an effective date? The Agreement further states:

Section 38.62 of the Settlement Agreement states that the Effective Date:

shall mean (1) the day following the expiration of the deadline for appealing the entry by the Court of the Final Order and Judgment, if no such appeal is filed, or (2) if an appeal of the Final Order and Judgment is filed, the date upon which all appellate courts with jurisdiction (including the United States Supreme Court by petition for certiorari) affirm such Final Order and Judgment, or deny any such appeal or petition for certiorari, such that no future appeal is possible, or (3) such date as the Parties otherwise agree in writing.

Therefore, the Claim Submission Deadline depends on when the Effective Date occurs.  The DWHCC’s latest decision is a sigh of relief for many.  It now explains that April 22, 2014 will not be the deadline to submit new claims to the Settlement Program because none of the triggering events above have occurred.  The DWHCC states:

The Effective Date has not yet been reached. Because the deadline for filing claims will occur on the latter of April 22, 2014 or six months after the Effective Date, the claim filing deadline will necessarily occur after April 22, 2014. Therefore, Claimants who have not previously been paid on a claim must file their Claim Forms within six months after the Effective Date. The Effective Date, as expressed in Section 38.62, will be 1) the date upon which all appellate courts of jurisdiction affirm the District Court’s Final Approval Order, or deny such an appellate petition, such that no future appeal is possible; or 2) the date otherwise agreed upon by BP and Class Counsel. As neither of these events have occurred, the Claims Administrator does not yet know the Effective Date or the final deadline to submit new claims to the Settlement Program.

What does this mean for you? It means you still have time.  If you or your business wants to file a claim for losses you sustained as a result of the Deepwater Horizon Oil Spill in 2010, call our offices today and do not delay.  We have a full team of lawyers and staff waiting to help you with you claim. Please contact Arguello Law Firm, P.L.L.C. at (800) 257-8676. But, remember, do not delay as there are still time limits for your claim!